Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, no restrictions
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✔ Recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    ✔ Legal
    Intersex Infant Surgery
    ✔ Full ban
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✔ Banned
    Age of Consent
    ✔ Equal
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History

Homosexual activity in Chile

?

Homosexual activity in Chile is legal.

Current status
Since Jul 12, 1999
Legal
Same-sex sexual activity has been legal in Chile since 1999 after Law 19,617 came into effect.
Nov 12, 1874–Jul 12, 1999
Male illegal, female legal
Article 365 in Chile's Penal Code of 1874 made sodomy a crime and punishable by "minor imprisonment in its medium degree." There were no references made to lesbian sex, so it was technically legal.
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Same-sex marriage in Chile

?

Same-sex marriage in Chile is legal.

Current status
Since Mar 10, 2022
Legal
The Chilean president has signed into law a bill that was approved by the Congress legalizing same-sex marriage.
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Oct 22, 2015–Mar 9, 2022
Civil unions (marriage rights)
Since 2015, same-sex couples and households headed by same-sex couples have the same legal protections available to opposite-sex married couples, within a civil union - except for adoption rights and the title of marriage.
Until Oct 21, 2015
Unrecognized
No legal recognition of same-sex unions.
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Censorship of LGBT issues in Chile

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Censorship of LGBT issues in Chile is no censorship.

Current status
No censorship
In Chile, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in Chile

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Right to change legal gender in Chile is legal, no restrictions.

Current status
Since Dec 27, 2019
Legal, no restrictions
Since 2019, the Law that Recognises and Protects the Right to Gender Identity (Law No. 21,120) allows transgender people over the age of 14 to legally change their name and gender on all official documents. For persons over 18 years of age, the change is requested by submitting a request to the Civil Registry and Identification Service. Article 4(c) of the law stipulates that it will not be a requirement to have undergone any type of intervention or appearance-modifying treatment.
In 1974, Marcia Alejandra Torres became the first person in Chile to legally change her name and gender on the birth certificate after undergo sex reassignment surgery.
Jan 1, 2017–Dec 27, 2019
Legal, but requires surgery
Change of name and gender legal since 2007

Gender-affirming care in Chile

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Gender-affirming care in Chile is legal.

Current status
Since Jan 1, 1997
Legal
In 1997, Chile adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.

In 2023, the Gender Identity Support Program "Crece con Orgullo" began operating, which is aimed at children and adolescents from 3 to 17 years old, and includes gender-affirmative care. The state program was born under Decree 3 (2019) created by the Regulation of Article 23 of Law No. 21,120, which recognizes and protects the Right to Gender Identity.
Legal, but restricted for minors
In 1980, Chile adopted the ICD-9 classification, which included codes allowing for the diagnosis of transsexualism in adults.
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Restricted
In 1973, Chile legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
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Until 1973
Banned
Medical transition is not possible
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Legal recognition of non-binary gender in Chile

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Legal recognition of non-binary gender in Chile is recognized.

Current status
Since Apr 25, 2022
Recognized
Non-binary gender "X" is recognized on all official documents, but court order is required.

A ruling of the Third Family Court of Santiago, issued on April 25, 2022, ordered the Civil Registry and Identification Service to register a 17-year-old adolescent with non-binary gender on the birth certificate, being the first judicial resolution of its kind in the country.

On May 25, 2022, the First Civil Court of Santiago issued a ruling recognizing an adult person as non-binary and ordering the Civil Registry to rectify the birth certificate.

On October 14, 2022, the Civil Registry officially issued to Shane Cienfuegos the first non-binary identity card with the marker "X" in the country.

In May 2023, the first Chilean passport with a non-binary gender marker was granted to Valentino Victoria Liberona.

"I" option for intersex children is available on birth certificates.
Until Apr 24, 2022
Intersex only
Birth certificates allow for an "indeterminate" sex to be recorded.
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LGBT discrimination in Chile

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LGBT discrimination in Chile is illegal.

Current status
Since Jul 24, 2012
Illegal
The Law on the Adoption of Measures against Discrimination (Law No. 20,609) (2012) bans discrimination based on sexual orientation, gender identity and gender expression.

LGBT employment discrimination in Chile

?

LGBT employment discrimination in Chile is sexual orientation and gender identity.

Current status
Since Jul 12, 2012
Sexual orientation and gender identity
The anti-discrimination law penalizes the arbitrary discrimination and includes protection for discrimination of sexual orientation and gender identity
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LGBT housing discrimination in Chile

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LGBT housing discrimination in Chile is sexual orientation and gender identity.

Current status
Since Jul 12, 2012
Sexual orientation and gender identity
The anti-discrimnation law penalizes the arbitrary discrimination and includes protection for discrimination of sexual orientation and gender identity

Same-sex adoption in Chile

?

Same-sex adoption in Chile is legal.

Current status
Since Mar 10, 2022
Legal
Since March 10, 2022, joint parenthood of same-sex couples is legal after the entry into force of Law 21,400 on Equal Marriage, which explicitly guarantees non-discrimination based on sexual orientation and gender identity for custody purposes, filiation and adoption whether or not the couples are married or whether or not they had their children through assisted human fertilization In addition, the motherhood of transgender women and the fatherhood of transgender men are recognized on the birth certificates of their children.
Until Jan 1, 2017
Single only
Chilean law stipulates that single gays are allowed to adopt, but gay couples may not.

Intersex infant surgery in Chile

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Intersex infant surgery in Chile is full ban.

Current status
Since Nov 7, 2023
Full ban
Banned since November 2023 by Circular No. 15 of the Ministry of Health.
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Aug 23, 2016–Nov 7, 2023
Not banned
In 2016, Circular No. 18 was replaced by Circular No. 7. This allowed for surgeries to be performed on intersex youth again.
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Dec 22, 2015–Aug 23, 2016
Full ban
From December 22nd, 2015, until August 23rd, 2016, an intersex child’s gender could not be forcibly changed until they could decide for themselves about their own bodies.
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Until Dec 22, 2015
Not banned
Before December 22nd, 2015, there were no restrictions on doctors performing surgery on intersex infants.
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Serving openly in military in Chile

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Serving openly in military in Chile is legal.

Current status
Since Jul 24, 2012
Legal
Since 2012 the Chilean Armed Forces allow gays, lesbians, bisexuals and transgender people to openly serve. Chile has an anti-discrimination law on the military. In 2020, the Chilean Army officially incorporated a transgender man into its ranks for the first time.

Blood donations by MSMs in Chile

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Blood donations by MSMs in Chile is legal.

Current status
Since Apr 24, 2013
Legal
The Chilean Health Ministry repeals the blood ban after a year of lobbying by the country's leading LGBT organization, Chilean Homosexual Integration and Liberation Movement (MOVILH).

Conversion therapy in Chile

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Conversion therapy in Chile is banned.

Current status
Since Apr 23, 2021
Banned
Since 2021, Law on the recognition and protection of the rights of people in mental health care (Law 21.331) (2021) prohibits mental health professionals from diagnosing patients based on their sexual identity or orientation. In March 2023, the Ministry of Health issues Circular B2 No. 6 instructing all individual and institutional health providers, both public and private, the prohibition of the implementation of "conversion therapies" for not be valid clinical practices. It also states that diagnoses of mental health status cannot be based on criteria biasedly related to sexual orientation or gender identity and gender expression.
The Senate approved the bill that modifies and strengthens Law No. 20,609, which establishes measures against discrimination, adding as arbitrary discrimination any act, practice and/or medical, psychological, psychiatric treatment or of any other nature that aims to modify the sexual orientation or gender identity and expression of a person or a group of people.
Until Apr 22, 2021
Not banned
Conversion therapy ban pending.
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Equal age of consent in Chile

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Equal age of consent in Chile is equal.

Current status
Since Aug 26, 2022
Equal
On August 26th 2022, the age of consent had been equalized to 14 years after the approval of in Chilean Senate and subsequent approval by the House of Deputies which abolished Article 365. Article 365 was known as the last homophobic law in Chile and activists celebrated it's defeat as a sign for full legal equality for LGBT Chileans.
Jul 12, 1999–Aug 25, 2022
Unequal
Article 365 of the Penal Code establishes 18 as age if consent for gay couples, whereas 14 is the standard age if consent for straight couples.
Nov 12, 1874–Jul 12, 1999
Female equal, male N/A
Article 365 criminalized sodomy under the Penal Code of 1874, and there were no mentions of lesbian sex.
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